Commercial Litigation

Lowey Dannenberg:
bringing experience and discipline to
Commercial Litigation

Lowey represents Fortune 100 companies, small businesses, and individuals.

The attorneys of Lowey are routinely recognized by the courts and clients as expert practitioners in the field of complex litigation.  Lowey’s expertise was highlighted in the 2013 and 2014 editions of Corporate Counsel magazine’s “In-House Law Departments at the Top 500 Companies,” where Aetna and Humana identified Lowey as a “Go-to Law Firm” for litigation services.

Since the 1960s, Lowey Dannenberg has represented sophisticated clients in complex litigation involving federal securities, commodities and antitrust violations, healthcare cost recovery actions, and shareholder and board actions. With decades of experience representing plaintiffs, Lowey Dannenberg applies the same trial expertise and case management discipline to class action defense, representing Fortune 100 companies, leading health insurers, small businesses, and individuals.

Representative Cases

Lowey obtained emergency injunctive relief on behalf of Federated Investors, one of the largest investment firms in the country with over $363 billion in assets under management, preventing the Government of Argentina from canceling outstanding bonds with a face value of more than $500 million, which had been erroneously tendered by those bondholders. Federated Investment Management Company, et al., v. Republic of Argentina, et al., 10 Civ. 4324 (S.D.N.Y. 2010) (Griesa, J.).

The firm won dismissal of a class action lawsuit alleging that our client, Aetna, improperly reimbursed pharmacy provider claims. Elliot Plaza Pharmacy v. Aetna U.S. Healthcare, 2009 WL 702837 (N.D. Okla. March 16, 2009).

Lowey Dannenberg won dismissal of claims for misrepresentation, breach of contract, unjust enrichment and conspiracy. The action alleged that Aetna failed to reimburse pharmacies “according to an agreed-upon formula for brand name prescriptions dispensed to Defendants’ insureds.” The firm argued and won one of the first significant opinions on jurisdiction under the Class Action Fairness Act (CAFA). Main Drug, Inc. v. Aetna U.S. Healthcare, 475 F.3d 1228 (11th Cir. 2007) (dismissing appeals from Main Drug, Inc. v. Aetna U.S. Healthcare, 455 F. Supp. 2d 1323 (M.D. Ala. 2006) and 455 F. Supp. 2d 1317 (M.D. Ala. 2005)).

Lowey Dannenberg represented Humana in a successful dismissal of a class action. Medfusion Rx, LLC v. Humana Health Plan, Inc., case no. CV-08-PWG-0451-S (N.D. Ala. 2008).

Lowey Dannenberg is defending Aetna in a class action related to state anti-subrogation laws. Minerley v. Aetna Inc., et al., 13-cv-1337 (D.N.J.). Lowey Dannenberg has defended and won dismissal of several similar class action lawsuits against health insurance clients: Wurtz v. Rawlings Co., LLC, 2016 WL 7174674 (E.D.N.Y. Nov. 17, 2016); Meek-Horton v. Trover, et al., 910 F.Supp. 2d 690 (S.D.N.Y. 2013); Potts v. Rawlings Co. LLC, 897 F.Supp. 2d 185 (S.D.N.Y. 2012). In Meek Horton and Potts, the firm won judgments dismissing the class action lawsuits, which sought to apply New York State’s anti-subrogation law to void health insurance plans’ subrogation and reimbursement rights in New York. The firm also won judgment dismissing similar claims under New Jersey law. Roche v. Aetna, Inc., 165 F.Supp.3d 180 (D.N.J. 2016); Mattson v. Aetna Life Ins. Co., 124 F.Supp. 3d 381 (D.N.J. 2015).

“The successful prosecution of the complex claims in this case required the participation of highly skilled and specialized attorneys.”

~ Hon. James S. Ware, United States District Judge, N.D. California

Landmark Outcomes

 

Lowey Dannenberg served as lead counsel in a class action against Juniper Networks, Inc., alleging the corporation and executives fraudulently concealed the backdating of millions of stock options. Lowey secured one of the largest settlements in an options backdating case: a $169.5 million settlement with Juniper Networks and certain officers and directors, and a $500,000 settlement with Ernst & Young LLP, the company’s auditors.

In re Juniper Networks, Inc. Sec. Litig., No. 06-04327 JW (N.D. Cal).

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“The successful prosecution of the complex claims in this case required the participation of highly skilled and specialized attorneys.”

~ Hon. James S. Ware, United States District Judge, N.D. California

Landmark Outcomes

Lowey Dannenberg served as lead counsel in a class action against Juniper Networks, Inc. alleging the corporation and executives fraudulently concealed the backdating of millions of stock options. Lowey secured one of the largest settlements in an options backdating case: a $169.5 million settlement with Juniper Networks and certain officers and directors, and a $500,000 settlement with Ernst & Young LLP, the company’s auditors.

In re Juniper Networks, Inc. Sec. Litig., No. 06-04327 JW (N.D. Cal)

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More than 50 years of landmark results.